Nov. 15, 2001

Out of Balance

Mediation and other forms of alternative dispute resolution are praised as ways to avoid trial. Much is written in favor of mediation, yet little criticism of its downside, which can be significant, appears. Advocates of mediation list cost, uncertainty and the emotional trauma of trial as the downside of litigation. Proponents of mediation also argue that it allows the parties to maintain control over how their dispute is resolved.